Where the parties agreed that any dispute would be litigated in the Eastern District of Virginia, a company alleging fraudulent conduct in connection with cash advance agreements must litigate its claims in the EDVA. Although one count was not subject ...

Tagged with: Contract U.S. District Court - District of New Jersey U.S. District Court - Eastern District

Where parties disputed whether the plaintiff’s right to purchase an affordable housing development was triggered, there was no federal question jurisdiction. Although the housing development was created to take advantage of federal tax credits, resolution of the claims did not ...

Tagged with: Contract Judge T.S. Ellis III U.S. District Court - Eastern District

Where a staffing company allegedly engaged in “sharp dealing” when it induced employees to breach valid restrictive covenants with their prior employer, the tortious interference claim survived a motion to dismiss. Background Apex Systems LLC alleges that Beacon Hill Staffing ...

Tagged with: Contract Judge Robert E. Payne U.S. District Court - Eastern District

Where an employee has to stand, walk or lie down as a break from sitting about every 10 minutes and requires heavy levels of narcotics to manage his pain, he is incapable of full-time employment and thus disabled under the ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge G. Steven Agee

Where the parties’ indemnity agreement capped payments at $4.9 million, the trial court’s award of more than $1 million in attorney fees and costs to the prevailing party, which exceeded the cap, is reversed. The prevailing party is awarded $24,999.94 ...

Tagged with: Contract Justice S. Bernard Goodwyn Supreme Court of Virginia

Where a franchisor moved to dismiss a claim alleging it failed to pay royalties to its former consultant, its motion was denied because “royalties” could plausibly be ambiguous and construed against the franchisor. Background Plaintiffs sued JTH Tax LLC d/b/a ...

Tagged with: Contract Judge Raymond A. Jackson U.S. District Court - Eastern District

Where a party suing for breach of contract failed to show that a substantial part of the events giving rise to its claim occurred in the Norfolk division, but the property at issue was located in the Alexandria division, the ...

Tagged with: Contract Judge Roderick C. Young U.S. District Court - Eastern District

Even though the parties’ non-competition contract is enforceable on its face against defendant, who is plaintiff’s former employee, plaintiff is denied a preliminary injunction because it has not shown irreparable harm or that the equities tip in its favor. Background ...

Tagged with: Contract Fairfax Circuit Court Judge Robert J. Smith

Where the parties in this breach of contract suit are already involved in litigation in the Southern District of New York, and that litigation was connected to this one, this suit was transferred to New York. Background Robert Turcotte alleges ...

Tagged with: Contract Judge Henry E. Hudson U.S. District Court - Eastern District

Where one brother alleged his brother and their mother improperly siphoned money from a family-owned company in order to line their own pockets, his breach of fiduciary duty, breach of loyalty, joint tortfeasor and civil conspiracy claims survived a motion ...

Tagged with: Contract Judge David J. Novak U.S. District Court - Eastern District